Cherry v. Mallery

—Rose, J.

Appeal from an order of the Supreme Court (Hughes, J.), entered December 1, 1999 in Schoharie County, which partially denied defendant’s motion to dismiss the complaint for failure to state a cause of action.

In 1992, Surrogate’s Court issued letters of administration in the estate of Theresa M. Youmans (hereinafter decedent) to the Schoharie County Treasurer, Lawrence Tague, as public administrator. Tague thereafter retained defendant, an attorney, to represent him as fiduciary of the estate. On March 11, 1996, after the filing of an accounting by Tague, Surrogate’s Court entered a…